Tracey v. Solesky No. 53, September Term 2012, Opinion by Cathell, J.STRICT LIABILITY ADOPTED IN RESPECT TO ATTACKS ON HUMANS BYPIT BULL DOGS AND CROSS-BRED PIT BULL DOGS.Upon a plaintiff’s sufficient proof that a dog involved in an attack is a pit bull or a pit bullcross, and that the owner, or other person(s) who has the right to control the pit bull’spresence on the subject premises (including a landlord who has a right to prohibit such dogson leased premises) knows, or has reason to know, that the dog is a pit bull or cross-bred pitbull, that person is liable for the damages caused to a plaintiff who is attacked by the dog onor from the owner’s or lessor’s premises. In that case a plaintiff has established a prima faciecase of negligence. When an attack involves pit bulls, it is no longer necessary to prove thatthe particular pit bull or pit bulls are dangerous.

"I don't have any idea if my dogs respect me or not, but they're greedy and I have their stuff." -- Patty Ruzzo

"Dogs don't want to control people. They want to control their own lives." --John Bradshaw

legalese translation? You are liable for anything your Pit Bull type dog does, and if you permit your tenants to own pit bulls, you are liable for their dogs"?

I can only please one person per day. Today is not your day, tomorrow doesn't look good either.
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"You didn't know of the magical powers of the break stick? It's up there with genies and Harry Potter as far as magic levels go." SisMorphine 01/07/07

Some facts from the The Humane Society of the United States regarding the recent court decision in Maryland:

(April 28, 2012) The Humane Society of the United States will work with Maryland dog advocates and members of the legislature to develop rational, science-based dangerous dog policies for the state after the Maryland Court of Appeals issued a decision fundamentally changing longstanding liability rules relating to pit bull and mixed pit bull dogs.

Betsy McFarland, vice president of The Humane Society of the United States’ companion animals department, issues the following statement:

“In addition to our general concerns about the issues with breed-specific public policies, we believe that the court overstepped its authority. The decision acknowledged it was ‘modifying the Maryland common law of liability.’ A seismic shift in Maryland law of this nature should be undertaken by the legislature, not judges. The legislature should conduct appropriate fact-finding and hearings, consider the available science, and make a measured, non-emotional decision on this important policy issue.

We encourage advocates to call their state legislators to respectfully voice their concerns, and urge them to work with advocates on legislation in the next session that provides rational, science-based dangerous dog policies for the state.

The Humane Society of the United States’ companion animals department is in communication with shelters and rescues, and will be looking for ways to support them as they consider the ramifications of this decision.”

Facts:

* Renters who currently own a pit bull or pit bull mix should contact attorneys licensed in Maryland with any questions or concerns regarding their specific situations.

* In general, a landlord cannot change a lease to ban pit bulls before the lease term expires. A lease is a contract, and under Maryland law the landlord may not change the terms of the lease without your consent for the remainder of the lease term. If your lease has an automatic renewal clause, the landlord must notify you of a rent increase or any other change with enough notice for you to decide whether you want to renew or not. If your lease does not automatically renew, you should be sure to thoroughly read the new lease you will sign for any prohibition against dogs that may constitute a pit bull.

* In general, if a tenant breaches the terms of a lease agreement, a landlord may evict him or her. However, the landlord must go to court and obtain an eviction judgment first. Also, state law requires the landlord to first give the tenant one month's advance notice that he is ending the lease and the reason why. However, if the breach of lease involves tenant behavior that constitutes a danger to other people or property, the landlord must only give 14 days advance notice. Therefore, if a tenant with a pit bull or pit bull mix has a lease that is about to expire, he or she should review the new lease for any changes, as there may be a short time frame in which to make moving arrangements.

* If a tenant does not have a written lease or does not know whether it’s in effect, he or she should be aware that a landlord is required to use a written lease if the tenancy is going to be for a year or longer, or if the landlord owns five or more rental units in the State. If a lease is to last more than a year, it must be written to be enforceable. If you have an oral agreement you landlord must still give proper written notice before any changes to the terms of an oral lease.

"I don't have any idea if my dogs respect me or not, but they're greedy and I have their stuff." -- Patty Ruzzo

"Dogs don't want to control people. They want to control their own lives." --John Bradshaw